Government Terms and Conditions

 

The clauses listed below are incorporated by reference herein and in this Order, as applicable, with the same force and effect as if they were given full text and notwithstanding the requirements of FAR 52.102. If there is a conflict with or addition to a clause in effect on the Order date and a clause of the Prime Contract, the Prime Contract clause shall govern. The full text of these clauses can be accessed on the Internet at https://farsite.hill.af.mil/vffara.htm and https://www.acq.osd.mil/dpap/dars/dfars/index.htm
 
APPLICABLE TO PURCHASE ORDERS W/OUT REGARD TO $ VALUE
52.202-1 DEFINITIONS (JAN 2012)
52.203-3 GRATUITIES (APR 1984)
52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
52.203-10 PRICE AND FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)
52.204-2 SECURITY REQUIREMENTS (AUG 1996) If order involves access to classified information.
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) If applicable
52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (AUG 2013). Applies in accordance with paragraph (e) of the clause
52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS If provided on order.
52.214-26 AUDIT AND RECORDS-SEALED BIDDING (OCT 2010) Applies when cost or pricing data required
52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA—MODIFICATIONS—SEALED BIDDING (AUG 2011) Applies when cost or pricing data required
52.214-28 SUBCONTRACTOR COST OR PRICING DATA-MODIFICATIONS- SEALED BIDDING (OCT 2010) Applies when cost or pricing data required
52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (AUG 2011) Applies when cost or pricing data required
52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-MODIFICATIONS (AUG 2011) Applies when cost or pricing data required
52.215-12 SUBCONTRACTING COST OR PRICING DATA (OCT 2010) Applies when cost or pricing data required
52.215-13 SUBCONTRACTOR COST OR PRICING DATA-MODIFICATIONS (OCT 2010) Applies when cost or pricing data required
52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010) Applies in accordance with paragraph (c) of the clause
52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010) Applies in accordance with FAR 15.408(j)
52.215-16 FACILITIES CAPITAL COST OF MONEY (JUN 2003) Applies to cost-type orders
52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997) Applies to cost-type orders
52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS. (JUL 2005) Applies in accordance with FAR 15.408(j)
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997) Applies in accordance with FAR 15.408(k)
52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA (OCT 2010).
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING DATA – MODIFICATIONS (OCT 2010)
52.215-23 LIMITATION ON PASS-THROUGH CHARGES (OCT 2009) Applies in accordance with paragraph (f)
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT- OVERTIME COMPENSATION (JUL 2005) Applies in accordance with paragraph (e) of the clause
52.222-21 PROHIBITION OF SEGREGATED FACILITIES
52.222-26 EQUAL OPPORTUNITY (MAR 2007)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) Applies in accordance with paragraph (f)
52.222-50 COMBATING TRAFFICKING IN PERSON (FEB 2009)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013) Applies in accordance with paragraph (e) of the clause
52.223-11 OZONE DEPLETING SUBSTANCES AND HIGH GLOBAL WARNING POTENTIAL HYDROFLUOROCARBONS (JUN 2016)
52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007) Applies in accordance with subparagraph (c) of the clause
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)
52.225-1 BUY AMERICAN ACT – SUPPLIES (MAY 2014)
52.225-3 BUY AMERICAN ACT (NOV 2012)
52.225-5 TRADE AGREEMENTS (SEP 2013)
52.225-8 DUTY FREE ENTRY (OCT 2010) Applies in accordance with paragraph   (j)   of   the   clause (in paragraph (c)(1), change “20 calendar days” to “30 calendar days” and in paragraph (c)(2), change “10 calendar days” to “20 calendar days”)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)
52.227-3 PATENT INDEMNITY (APR 1984)
52-227-10 FILING OF PATENT APPLICATIONS CLASSIFIED SUBJECT MATTER (DEC 2009) Applies in accordance with paragraph (e) of the clause
52-227-11 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR Applies in accordance with paragraph (k) of the clause
52-227-13 PATENT RIGHTS-OWNERSHIP BY THE GOVERNMENT (DEC 2007) Applies in accordance with paragraph (i) of the clause
52-227-14 RIGHTS IN DATA – GENERAL (DEC 2007)
52.229-3 FEDERAL, STATE AND LOCAL TAXES (FEB 2013)
52.229-6 TAXES – FOREIGN FIXED-PRICE CONTRACTS (FEB 2013)
52.229-10 STATE OF NEW MEXICO GROSS RECEIPTS AND COMPENSATING TAX (APR 2003)
52.230-2 COST ACCOUNTING STANDARDS (MAY 2012) As applicable
52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (May 2012) As applicable
52.230-4 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES – FOREIGN CONCERNS (May 2014) As applicable
52.230-6 ADMINISTRATION OF COST ACCOUNT STANDARDS (JUN 2010) As applicable
52.232-17 INTEREST (MAY 2014)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
52.236-13 ACCIDENT PREVENTION (NOV 1991)
52.242-15 STOP WORK ORDER (AUG 1989) change 90 days to 180
52.242-15 STOP WORK ORDER -ALTERNATE I (AUG 1984) change 90 days to 180
52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)
52.245-9 USE AND CHARGES (APR 2012)
52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) As applicable
52.246-2 INSPECTION OF SUPPLIES – FIXED PRICE (AUG 1996) ALTERNATIVE I (JUL 1985) As applicable
52.246-3 INSPECTION OF SUPPLIES – COST-REIMBURSEMENT (MAY 2001) As applicable
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
52.247-63 PREFERENCE OF UNITED STATES FLAG AIR CARRIERS (JUN2003)
52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (FEB 2006)
52.248-1 VALUE ENGINEERING (OCT 2010)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (APR 2012) (in paragraph (c), change “120 days” to “60 days”; in paragraph (e), change “1 year” to “6 months”; in paragraph l, change “90 days” to “45 days”) (this clause applies in lieu of the Termination for Convenience clause in the body of the Terms and Conditions in the event the prime contract is terminated)
52.249-8 DEFAULT (APR 1984) (in paragraph (a)(2), change “10 days” to “7 days”) (this clause applies in lieu of the Termination for Default clause in the body of the Terms and Conditions in the event the prime contract is terminated)
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)
252.203-7002 REQUIREMENTS TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEPT 2013)
252.203-7004 DISPLAY OF HOTLINE POSTER(S) (JAN 2015) Applies in accordance with subparagraph (e) of the clause
252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD- PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (DEC 2015) Applies in accordance with paragraph (c) of the clause
252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)
252.208-7000 INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT FURNISHED MATERIAL (DEC 1991)
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)
252.222-7000 RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)
252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (DEC 2010) As applicable
252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)
252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS MATERIALS (APR2012)
252.225-7001 BUY AMERICAN ACT AND THE BALANCE OF PAYMENTS PROGRAM (NOV 2014)
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2012)
252.225-7006 QUARTERLY REPORTING OF ACTUAL CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES (OCT 2010) Applies in accordance with paragraph (f) of the clause
252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013)
252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY METALS (JUN 2013)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013)
252.225-7013 DUTY FREE ENTRY (MAY 2016)
252.225-7015 RESTRICTION ON ACQUISITION OF HAND OR MEASURING TOOLS (JUN 2005)
252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JUN 2011)
252.225-7021 TRADE AGREEMENTS (OCT 2013)
252.225-7033 WAIVER OF UNITED KINGDOM LEVIES (APR 2003)
252.225-7036 BUY AMERICAN -FREE TRADE AGREEMENTS – BALANCE OF PAYMENTS PROGRAM (DEC 2012)
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
252.227-7013 RIGHTS IN TECHNICAL DATA – NONCOMMERCIAL ITEMS (JUN 2013)
252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER SOFTWARE DOCUMENTATION (MAY 2013)
252.227-7015 TECHNICAL DATA – COMMERCIAL ITEMS (JUN 2013)
252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)
252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE RESTRICTIONS (JAN 2011)
252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS – COMPUTER SOFTWARE (SEP 2011) gg) 252.227-7025 – LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENTFURNISHED INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013)
252.227-7020 RIGHTS IN SPECIAL WORKS (JUN 1995)
252.227-7021 RIGHTS IN DATA-EXISTING WORKS (MAR 1979)
252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)
252.227-7023 DRAWINGS AND OTHER DATA BECOME PROPERTY OF GOVERNMENT (MAR 1979)
252.227-7026 DEFERRED DELIVERY OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)
252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR 1988)
252.227-7030 TECHNICAL DATA – WITHHOLDING OF PAYMENT (MAR 2000)
252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (JUN 2013)
252.227-7038  PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN 2012)
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) As applicable
252.235-7003 FREQUENCY AUTHORIZATION (MAR 2014)
252.236-7000 MODIFICATION PROPOSALS – PRICE BREAKDOWN (DEC 1991)
252.239-7016 TELECOMMUNICATIONS SECURITY EQUIPMENT, DEVICES, TECHNIQUES, AND SERVICES (DEC 1991) Paragraph e
252.246-7001 WARRANTY OF DATA (DEC 1991) ALTERNATE I (DEC 1991) Government and Contracting Officer shall mean Buyer
252.246-7001 WARRANTY OF DATA (DEC 1991) – ALTERNATE II (DEC 1991) Government and Contracting Officer shall mean Buyer
252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JUN 2013) Applies in accordance with paragraph (f) of the clause
252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (MAY 2014). Only paragraphs (a) through (e) apply.
252.246-7008 SOURCES OF ELECTRONIC PARTS (OCT 2016) paragraph e
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (JUN 2013) Applies in accordance with paragraph (h) (change “[P]rime contractor” in paragraph (a)(5) to “Seller” and “the prime contract” to “this order”; modify paragraph (c) to read “[T]he Seller and its subcontractors may request that the Buyer obtain Government authorization for shipment . . .”; change in paragraph (d) “Contracting Officer” to “Buyer” in the second sentence; change “45” to “60” days in paragraph (d); change “30” to “25” in paragraph (e); delete in paragraph (e) “and the Maritime Administration Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street, N.W., Washington, DC 20590”; delete in paragraph (g) “for the purposes of the Prompt Payment clause of this contract.”)
 
 
APPLICABLE TO PURCHASE ORDERS W/OUT REGARD TO $ VALUE – COMMERCIAL ITEMS

For items qualifying as “Commercial Item” under FAR 2.101.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS— COMMERCIAL ITEMS (NOV 2016)
52.244-6 SUBCONTRACTING FOR COMMERCIAL ITEMS (JUL 2013)
252.212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (JUN 2012)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (JUN 2003)
 
APPLICABLE TO PURCHASE ORDERS >$500
252.229-7011 REPORTING OF FOREIGN TAXES-U.S. ASSISTANCE PROGRAMS (SEP 2005) Commodity items
 
APPLICABLE TO PURCHASE ORDERS >$3500
52.222-3 CONVICT LABOR (JUN 2003)
 
APPLICABLE TO PURCHASE ORDERS >$15,000
52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (OCT 2010)